In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate with the creditor or debt collector to request that they stop their improper collection efforts. The Bankruptcy Court for the
Jay Bender represents debtors, banks, secured creditors, indenture trustees, and purchasers of distressed assets in complex Chapter 11 and Chapter 9 bankruptcy cases, in state and federal court receivership proceedings, and in out-of-court workouts, reorganizations, restructurings, and liquidations. He served as chair of Bradley’s Bankruptcy, Restructuring, and Distressed Investing Practice Group from 2008 through 2017.